Terms of Service

DeepRevise - Terms of Service Hudraq Technologies LLC 1. This agreement These Terms of Service (the "Terms") form a binding agreement between Hudraq Technologies LLC, a limited liability company organised under the laws of the State of Wyoming, United States of America, with its registered office at 5830 E 2nd St, Ste 7000 #37629, Casper, Wyoming 82609, United States ("Hudraq", "we", "us", "our"), and the entity or person that creates an account for, subscribes to, or uses the DeepRevise service ("Customer", "you", "your"). DeepRevise is a product of Hudraq Technologies LLC, operated at www.deeprevise.com. Hudraq Technologies LLC is a software product company; further information about the company is available at www.hudraq.com. By clicking "I agree", creating an account, or otherwise accessing or using the Service, you accept these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Service. If you are accepting these Terms on behalf of a company, employer, or other legal entity, you represent and warrant that you have the authority to bind that entity, and "you" refers to that entity. If you lack that authority, you must not accept these Terms or use the Service. The Service is offered solely for business and professional use. It is not offered to consumers for personal, family or household purposes. Clauses 8.3, 9, 16, 17 and 18 limit our obligations and allocate risk to you. Read them carefully. 2. Definitions Service: The DeepRevise web application, its application programming interfaces, processing engine, Documentation and any related software or services made available by Hudraq. Account: The individual account created for and controlled by a Customer. Each Account is separate: content in one Account is not accessible from another except through a Share created by the Account holder. Share: An act by which you make a document or folder in your Account visible to another Account, whether by adding a trusted contact or by sharing a folder. Customer Content: All files, data, text, images and other material that you upload to, submit to, or generate within the Service, including manufacturer datasheets, certificates, authorisation letters, warranties, test reports, company documents, logos, project data, bills of quantities, specification documents and spreadsheets. Output: Any file, document, index, table of contents or Submittal Package produced by the Service from Customer Content. Submittal Package: A compiled document set generated by the Service. Generation Record: The stored record of a package generation event. It is a record of the event, not a copy of the assembled file. Subscription Plan: The tier of the Service you have purchased, together with its quotas, limits and price, as described on our pricing page. Payment Provider: The payment processor engaged by Hudraq to process payments for the Service, as identified in clause 6.1. Documentation: The user guides and technical documentation we make generally available for the Service. 3. Eligibility To use the Service you must: 1. be at least 18 years of age and have the legal capacity to enter into a binding contract; 2. be acting in a business, trade, craft or professional capacity; 3. not be barred from receiving the Service under the laws of the United States or any other applicable jurisdiction; and 4. not be located in, ordinarily resident in, or organised under the laws of any country or territory subject to comprehensive economic sanctions administered by the United States, the European Union or the United Kingdom, nor be listed on any restricted-party list maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control, the U.S. Department of Commerce, or any equivalent authority. We may refuse, suspend or terminate access to any person or entity where we reasonably believe these requirements are not met. 4. Accounts and sharing 4.1 Account registration Accounts are individual. You must provide accurate, current and complete information when registering, and keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your Account, whether or not authorised by you. Accounts must not be shared, and credentials must not be disclosed to any other person. 4.2 Your content is yours to control Content you upload is stored in your Account and is not accessible from any other Account unless you create a Share. Hudraq does not appoint administrators over your Account, and no other Customer can access, alter or delete your content. Our own personnel may access your Account only as described in clause 4.5. 4.3 Sharing with other Accounts The Service allows you to share documents and folders with other Accounts, and to add trusted contacts. You decide what to share and with whom, and you are solely responsible for that decision. You acknowledge that: a recipient can view the shared content, including any personal data or confidential information it contains; a recipient may retain what they have seen, and content cannot be un-shared once it has been viewed; you must hold the rights and permissions necessary to disclose the content to that recipient, including under any confidentiality obligation binding you; and you are responsible for the accuracy of any address or identifier you enter when sharing, and for the consequences of sharing with an unintended recipient. You should review and remove Shares that are no longer required. 4.4 Authentication Where we offer sign-in through a third-party identity provider, your use of that provider is governed by its own terms, and we are not responsible for its availability, security or decisions. You are responsible for enabling and maintaining any additional authentication measures we make available. 4.5 Our access to your Account Our personnel may access your Account and content only where necessary to operate, secure, support or repair the Service, to investigate a suspected breach of these Terms, or where required by law. Access is limited to those who need it. 4.6 Security incidents You must notify us without undue delay at info@deeprevise.com if you become aware of any unauthorised access to, or use of, your Account or credentials. 5. Subscription Plans, quotas and limits 5.1 Plans Access to the Service requires an active Subscription Plan. Each Plan carries defined entitlements, which may include limits on the number of Submittal Packages created or generated per billing period, storage volume, and maximum output file size. 5.2 Enforcement of limits We enforce Plan entitlements programmatically. Where a quota is exhausted, we may block the metered action - for example, the creation or generation of a further Submittal Package - until the quota resets at the start of your next billing period or you upgrade your Plan. Storage limits and maximum output size are enforced separately, at the point of upload and at the point of generation. Quotas do not carry over between billing periods, and unused entitlements have no cash value and are not refundable. 5.3 Processing priority Where a Plan describes faster or prioritised processing, this refers to the relative order in which processing jobs are handled and is an objective, not a guaranteed processing time. Nothing in any Plan description constitutes a performance or turnaround commitment. 5.4 Fair and reasonable use Even where a Plan is described as unlimited in a particular respect, use must be reasonable and consistent with normal operation of the Service by a single business. We may apply rate limits, throttling, queue prioritisation or other technical controls to protect the stability, security and availability of the Service for all customers. We will use reasonable efforts to notify you before applying restrictions to your account for excessive use, except where immediate action is required. 5.5 Changes to Plans We may change the composition, features, limits and pricing of Subscription Plans. Changes to the price or entitlements of a Plan you are currently subscribed to will take effect at the start of your next billing period, and we will give you at least thirty (30) days' notice by email or in-product notice. Continued use after the change takes effect constitutes acceptance. If you do not accept the change, your remedy is to cancel before the change takes effect in accordance with clause 6.7. 6. Fees, billing and payment 6.1 Payment processing Hudraq is the seller of record for all subscriptions to the Service. Payments are processed on our behalf by our Payment Provider, Stripe, Inc., and your use of its checkout and billing portal is additionally subject to Stripe's own terms and privacy policy. We do not collect, process or store your full payment card details, security codes or bank credentials; these are collected and handled directly by the Payment Provider. You authorise us and the Payment Provider to charge the payment method you supply in accordance with your Subscription Plan. We may change our Payment Provider at any time, and will do so without altering your entitlements under your Subscription Plan. 6.2 Recurring charges and automatic renewal Subscriptions renew automatically. Unless cancelled before the end of the then-current billing period, your subscription will automatically renew for a further period of the same length, and the applicable fee will be charged to your payment method on file. You authorise us and the Payment Provider to charge that method on each renewal until you cancel. 6.3 Currency and taxes All fees are stated and payable in United States Dollars unless otherwise specified. All fees are exclusive of taxes. Fees do not include any value added tax, goods and services tax, sales tax, consumption tax, use tax, customs duty, levy or similar assessment imposed by any authority in connection with your purchase. Where we are required to charge and collect such a tax, it will be added to the amount charged. All other such taxes are your responsibility, other than taxes based on Hudraq's net income. Business customers and self-accounting. The Service is supplied to businesses only. Where you are established in a jurisdiction that applies a reverse charge, self-assessment or equivalent mechanism to supplies of this kind, you are responsible for accounting for the applicable tax to your own tax authority, and you must supply us with a valid tax registration or VAT identification number on request. Accuracy of your details. You must provide, and keep current, an accurate billing address, place of business and any tax registration number. You are responsible for any additional assessment, interest or penalty arising from information you supplied that was inaccurate, incomplete or out of date, and you will reimburse us for any such amount levied on us. Withholding. Where you are required by law to withhold or deduct any amount from a payment to us, you must increase the sum payable so that the amount we actually receive equals the amount we would have received had no withholding or deduction been made. 6.4 Failed payment and past due accounts If a charge fails, we or the Payment Provider may retry it. If your account remains unpaid, we may place it into a grace period, during which we may block the creation of new Submittal Packages and other metered actions while preserving your ability to view and download existing content. If the retries do not succeed, we may cancel the subscription, after which clause 12.5 applies to your Account. Where permitted by law, we may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum lawful rate, together with reasonable costs of collection. 6.5 No refunds Except as provided in clause 12.3, and except where expressly required by applicable mandatory law, all fees are non-refundable. Refunds, where granted, are granted at our discretion. This includes fees paid for partial billing periods, unused quota, periods during which you did not use the Service, and subscriptions terminated by us for your breach. Downgrading a Plan mid-period does not generate a refund or credit for the difference. 6.6 Chargebacks If you initiate a chargeback or payment dispute in respect of a charge that is validly due, we may suspend your Account immediately and recover the disputed amount together with any fee imposed on us or the Payment Provider. You agree to contact us at info@deeprevise.com before initiating a chargeback so that we may resolve the matter directly. 6.7 Cancellation You may cancel your subscription at any time through the billing portal made available within the Service. Cancellation takes effect at the end of the then-current billing period. You retain access until that date, after which your Account enters the process described in clause 12.5. 6.8 Billing disputes You must notify us in writing of any disputed charge within ninety (90) days of the date of the invoice or charge. Failing that, the charge is deemed accepted and you waive any claim in respect of it. 7. Beta features Features designated as beta, preview, early access or experimental ("Beta Features") are provided as is, without any warranty, indemnity, support commitment or service level whatsoever, may be modified or withdrawn at any time without notice, may not perform reliably, and may result in loss of data. Any use of a Beta Feature is entirely at your own risk, and you must not use a Beta Feature for any production, project-critical or contractually binding purpose. Notwithstanding anything else in these Terms, our total aggregate liability arising from or relating to Beta Features is limited to one hundred United States Dollars (USD 100). 8. Customer Content 8.1 Ownership As between you and Hudraq, you retain all right, title and interest in and to Customer Content. We claim no ownership over it. 8.2 Licence to us You grant Hudraq a worldwide, non-exclusive, royalty-free, sublicensable (to our sub-processors and hosting providers only, and solely for the purposes below) licence to host, store, copy, cache, transmit, reformat, convert, render, index, compress, split, merge, watermark, paginate, bookmark and otherwise process Customer Content, solely to the extent necessary to: 1. provide, maintain, secure and support the Service to you; 2. generate Output and Submittal Packages at your instruction; 3. create and retain Generation Records; 4. prevent, detect and address fraud, abuse, security incidents and technical problems; and 5. comply with applicable law. This licence terminates when the relevant Customer Content is deleted, subject to the retention periods described in clauses 12.4 and 12.5 and to residual copies in routine backups. We do not use Customer Content to train artificial intelligence or machine learning models. 8.3 Your warranties regarding Customer Content This clause is fundamental to your right to use the Service. The Service is designed to store and assemble documents that, in many cases, were authored by third parties - including equipment manufacturers, distributors, testing laboratories, certification bodies, project consultants and employers. You represent, warrant and undertake, on a continuing basis and in respect of every item of Customer Content, that: 1. you own the Customer Content, or hold all rights, licences, consents, permissions and authorisations necessary to upload it to the Service and to have it processed, stored, reproduced, adapted, compiled into Output and distributed as you intend; 2. your upload and use of the Customer Content, and Hudraq's processing of it under clause 8.2, does not and will not infringe or misappropriate any copyright, trade mark, trade secret, patent, database right, moral right, right of publicity, privacy right or other right of any third party; 3. the Customer Content does not breach any confidentiality obligation, non-disclosure agreement, project agreement, distribution agreement, manufacturer authorisation, licence term or contractual restriction to which you are subject; 4. the Customer Content does not contain any virus, worm, malicious code or other harmful component, and is not deliberately malformed; 5. the Customer Content does not contain any special category, sensitive, health, financial-account, government-identifier or payment card data, and does not contain any material subject to export control, security classification or restriction under applicable law; and 6. you have obtained all consents and provided all notices required under applicable data protection law in respect of any personal data contained in the Customer Content. We do not review, verify, endorse or take responsibility for Customer Content, and we do not verify that you hold the rights you warrant above. Responsibility for the lawfulness of Customer Content rests entirely with you. 8.4 No endorsement of third-party material The presence of a manufacturer's name, brand, product, logo or document within the Service or within any Output does not imply any relationship between Hudraq and that manufacturer, nor any endorsement, authorisation, sponsorship, approval or verification by Hudraq or by that manufacturer. 8.5 Removal We may, but are not obliged to, remove, disable access to, or refuse to process any Customer Content that we reasonably believe violates these Terms, infringes the rights of a third party, or exposes us to legal liability or reputational harm. Where practicable and lawful, we will notify you. 8.6 Intellectual property complaints If you believe Customer Content stored on the Service infringes your intellectual property rights, send a notice to our designated agent at info@deeprevise.com identifying the work claimed to be infringed, the material claimed to be infringing and its location, your contact details, a statement of good-faith belief that the use is unauthorised, and a statement, under penalty of perjury, that the information is accurate and that you are authorised to act. We will consider counter-notices submitted in accordance with applicable law. We operate a repeat-infringer policy and will terminate the accounts of Customers who repeatedly infringe. 9. Automated processing and your professional responsibility Read this clause carefully. It defines the limits of what the Service does and where responsibility for engineering and contractual outcomes rests. 9.1 What the Service is DeepRevise is a document assembly and productivity tool. It compiles files you supply into a formatted package according to instructions and configuration you provide. 9.2 What the Service is not The Service is not: an engineering service, a design service, or a source of professional engineering advice; a compliance, code-conformance, standards-conformance or regulatory-approval service; a certification body, a testing laboratory, or an issuer or verifier of any certificate, authorisation letter, warranty or test report; a substitute for the review, judgement and approval of a qualified professional; or a warranty, certification or representation that any Output is complete, correct, current, compliant with any specification, standard, code or contract, or fit for submission or approval. Hudraq is not the engineer of record, the designer, the submitting party, or a party to your project. Hudraq assumes no professional, design or supervisory responsibility of any kind. 9.3 Automated features Certain features of the Service operate through automated processing - including the compilation, ordering, splitting and merging of documents, pagination, bookmarking, the generation of indexes and tables of contents, and the comparison of bill-of-quantities entries against the details you have recorded against each document. Automated processing is not a guarantee of correctness. These features can and will, from time to time: misinterpret structurally irregular, damaged or unusual source documents; produce incorrect ordering, indexing, references or page numbers; omit, duplicate or misplace a document within a package; fail to associate an item with the correct document, or associate it with the wrong one, particularly where the details you recorded do not correspond exactly; and produce a package that does not match what you intended to assemble. Automated features assist the user; they do not approve, verify, certify or decide anything. The Service does not use artificial intelligence, machine learning or optical character recognition to read, interpret, extract from or classify the content of your documents. Comparison of bill-of-quantities entries operates on the details you have recorded against each document, not on the contents of the document itself. Should we introduce features of a different kind, we will update these Terms and our Privacy Policy in accordance with clause 20.1 before doing so. 9.4 Your obligation to review You are solely responsible for reviewing, verifying, correcting and approving all Output before any use, distribution, issue, submission or reliance. You must independently confirm, prior to use, that every document included in a Submittal Package is the correct, current and complete document; that the assembled package is complete, correctly ordered and correctly indexed; that the package satisfies the applicable project specification, consultant requirements, standards and contractual obligations; and that you are entitled to submit each included document. Approval of a package within the Service is a record of your decision. It is not a verification by Hudraq. 9.5 No reliance You agree that you will not rely, and will not permit any third party to rely, on the Service or any Output as the basis for any engineering, procurement, safety, compliance, contractual or commercial decision without independent professional verification. Any such reliance is entirely at your own risk. 9.6 Your own contractual obligations You are responsible for determining whether your use of the Service, and of automated or AI-assisted processing, is permitted under the contracts, confidentiality obligations and project requirements applicable to you, and for making any disclosure to your employer, consultant or client that those obligations require. 9.7 Download your packages promptly A generated Submittal Package file is available for download for a short period - measured in minutes, not days - after it is built, and is then removed from storage. The Service retains a Generation Record, but not the assembled file itself. You must download each package when it is generated and store it in your own systems. The Service does not hold your finished packages for later retrieval, and we are not liable for any loss arising from a package you did not download in time. 9.8 Generation Records A Generation Record is a record of what the Service produced at a point in time. It is not a copy of the assembled file and does not entitle you to re-obtain that file. It is not evidence that the content was correct, approved, submitted, accepted or compliant, and Hudraq makes no representation as to its evidential value, admissibility or weight in any dispute, audit, arbitration or proceeding. Hudraq is under no obligation to provide testimony, certification, expert evidence or records in any proceeding to which it is not a party, except where compelled by valid legal process, and we may charge our reasonable costs of compliance. 10. Acceptable use You must not, and must not permit any third party to: 1. use the Service in violation of any applicable law, regulation, sanctions regime or export control law; 2. upload, store, share or transmit any material that is unlawful, infringing, defamatory, harassing, obscene, or that you are not entitled to disclose; 3. upload, store or process personal data in the categories excluded under clause 8.3(5), or use the Service as a repository for personal data unrelated to its intended purpose; 4. reverse engineer, decompile, disassemble, or attempt to derive the source code, architecture, algorithms or underlying ideas of the Service, except to the limited extent that such restriction is expressly prohibited by applicable law; 5. copy, modify, translate, or create derivative works of the Service, or remove or obscure any proprietary notice; 6. rent, lease, lend, sell, sublicense, distribute, time-share, or provide the Service as a service bureau to any third party; 7. access the Service to build, train, improve, benchmark or evaluate a competing or substantially similar product or service, or publish performance or benchmarking results without our prior written consent; 8. use any robot, spider, scraper, headless browser or automated means to access the Service other than through documented interfaces, or circumvent any rate limit, quota, access control, authentication, tenancy isolation or technical protection measure; 9. probe, scan, penetration-test, stress-test or otherwise test the vulnerability of the Service or any related system or network without our prior written authorisation; 10. interfere with, disrupt, degrade or impose an unreasonable load on the Service or its infrastructure, or attempt to gain unauthorised access to any account, data or system; 11. share your credentials, or permit any other person to use your Account; 12. upload files that are corrupt, deliberately malformed, or designed to exploit the Service's parsing, decompression or rendering functions; or 13. misrepresent the Service, or represent to any third party that Hudraq has verified, approved, certified or accepted responsibility for any Output. Violation of this clause is a material breach and may result in immediate suspension or termination without refund. 11. Intellectual property 11.1 Our rights The Service, the DeepRevise and Hudraq names and logos, and all software, source code, object code, architecture, database schemas, interfaces, designs, templates, assembly logic, know-how, Documentation and all other materials comprising or relating to the Service, together with all intellectual property rights in them, are and remain the exclusive property of Hudraq and its licensors. Nothing in these Terms transfers any ownership to you. 11.2 Licence to you Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence, during the term of your subscription, to access and use the Service for your internal business purposes. All rights not expressly granted are reserved. 11.3 Output Subject to clause 8 and to the rights of any third party in the underlying Customer Content, we do not claim ownership of the Submittal Packages you generate. For the avoidance of doubt, generating a document through the Service does not grant you any right in third-party material contained within it that you did not already hold. 11.4 Feedback If you provide suggestions, ideas, feature requests, bug reports or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up licence to use, modify, exploit and commercialise it without restriction, attribution, obligation or compensation to you. 11.5 Service data and improvement We may collect, generate and use aggregated, de-identified and statistical data derived from operation of the Service - such as performance metrics, error rates, processing volumes, queue durations and feature usage - to operate, secure, analyse and improve the Service and to develop new products, provided that such data does not identify you, your projects or your customers, and does not contain or reveal Customer Content. 12. Term, suspension and termination 12.1 Term These Terms commence when you first accept them and continue until all subscriptions have expired or been terminated and your account is closed. 12.2 Suspension We may suspend your access immediately and without liability where: (a) we reasonably believe there is a threat to the security, integrity or availability of the Service; (b) we reasonably believe you have materially breached these Terms, including clause 10; (c) your account is past due under clause 6.4 or subject to a chargeback under clause 6.6; (d) suspension is required by law, court order or a request from a competent authority; or (e) continued provision would expose us to material legal, regulatory or reputational risk. Where practicable and lawful, we will notify you and give you an opportunity to remedy. 12.3 Termination By you: at any time, by cancelling under clause 6.7. If you also want the Account and its contents deleted, request it under clause 12.5.5. By us for convenience: on thirty (30) days' written notice, in which case we will refund any prepaid fees covering the unexpired portion of the then-current billing period. This is your sole and exclusive remedy for termination for convenience. By either party for cause: immediately on written notice if the other party commits a material breach and, where the breach is capable of remedy, fails to remedy it within fifteen (15) days of written notice; or if the other party becomes insolvent, enters administration, liquidation or an equivalent process, or ceases to carry on business. By us immediately: where clause 12.2(a), (b), (d) or (e) applies and we reasonably determine that suspension is insufficient. 12.4 Effect of termination On termination or expiry: 1. all licences granted to you terminate immediately and you must cease all use of the Service; 2. all fees accrued up to the effective date become immediately due; 3. Customer Content is retained or deleted in accordance with clause 12.5; and 4. clauses 6.3, 6.5, 6.6, 6.8, 7, 8.1, 8.3, 8.4, 9, 11, 12.4, 12.5, 13, 14, 15.1, 16, 17, 18, 19 and 20 survive. Download your documents before your subscription ends. The Service provides download of individual documents; it does not provide a bulk export facility, and we do not undertake to produce one on termination. You are solely responsible for maintaining your own independent copies and backups of all Customer Content and Output. The Service is not a system of record, an archive of record, or a backup service, and must not be treated as your sole repository for any document. 12.5 Data retention after a subscription ends 12.5.1 The retention period. Where an Account has no active Subscription Plan - because the subscription has been cancelled, has expired, has lapsed for non-payment, has been terminated by either party, or has never been purchased - a retention period of three (3) months applies, running from the date the subscription ceased to be active or, for an Account that has never held a Subscription Plan, from the date the Account was created. Read-only access. When the subscription ceases to be active, metered features stop immediately: you cannot upload documents, or create or generate Submittal Packages. This is what clause 5.1 means in practice - those features require an active Subscription Plan, and they do not continue for any period after the subscription ends. Your ability to view, download and delete the content already stored in the Account continues until the Account is deleted under this clause. Nothing in this paragraph shortens or extends the three (3) month retention period. 12.5.2 Our right to delete. On expiry of that three (3) month period, we may permanently and irreversibly delete the Account and all Customer Content, Output, Generation Records and associated records within it, without further notice to you and without liability. Deletion is permanent. Deleted data cannot be recovered, restored, reproduced or reconstructed by us. Records of your acceptance of these Terms are an exception: they are retained after deletion in an append-only archive, as described in the Privacy Policy. 12.5.3 A right, not an obligation. This clause confers a right on Hudraq; it does not impose an obligation, and it creates no entitlement in your favour. We may delete data on expiry of the retention period, later, or not at all, at our sole discretion, and we may apply the clause to some Accounts and not others. Accordingly: you must not rely on us retaining any data beyond the retention period, and the continued presence of data after that period does not extend the period, waive this clause, or create any expectation, course of dealing or commitment that the data will remain available; and you must not rely on us deleting any data on any particular date. Where you require deletion by a specific date, you must request it in writing under clause 12.5.5. 12.5.4 Reactivation. If you purchase a new Subscription Plan before the data has been deleted, we will use reasonable efforts to restore access to the Account as it stood. We give no assurance that any data will still exist at that time, and reactivation is not available once deletion has occurred. Previously generated package files are not restored, as they are removed from storage shortly after generation under clause 9.7. 12.5.5 Earlier deletion on request. You may request deletion of your Account at any time by written request to info@deeprevise.com. We will action verified requests within thirty (30) days and confirm in writing, subject to clause 12.5.6. Deletion is performed manually by us on receipt of your request; the Service does not provide a self-service deletion function. 12.5.6 Exceptions. Notwithstanding this clause, we may retain data for longer where retention is required by applicable law, tax, accounting or audit obligation; where the data is subject to a legal hold, dispute, investigation or regulatory request; where retention is necessary to establish, exercise or defend a legal claim; or where the data exists only in routine encrypted backups, which are overwritten on the ordinary rotation cycle and are not used to restore individually deleted records. We may also retain aggregated and de-identified records indefinitely, as described in the Privacy Policy. 12.5.7 Your responsibility. Export anything you need before your subscription ends. As stated in clause 12.4, the Service is not a system of record, an archive of record, or a backup service. Maintaining independent copies of all Customer Content and Output is your responsibility alone, and Hudraq has no liability of any kind for data deleted, or not retained, under this clause. 13. Confidentiality Each party may receive non-public information of the other that is designated confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Each party must protect the other's Confidential Information using at least reasonable care, use it only to perform under these Terms, and not disclose it except to its personnel, affiliates, advisers and sub-processors who need to know and are bound by confidentiality obligations no less protective. Confidential Information does not include information that is or becomes public other than by breach, was rightfully known without restriction, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information where required by law, court order or regulatory authority, giving the other party prompt notice where lawfully permitted. Customer Content is your Confidential Information; the Service, its non-public features, Documentation, security architecture and non-public pricing are our Confidential Information. These obligations continue for three (3) years after termination, and indefinitely in respect of trade secrets. 14. Data protection Our collection and use of personal data in connection with the Service is described in the Privacy Policy. Where we process personal data contained within Customer Content on your behalf, you act as controller (or equivalent) and we act as processor (or equivalent). You are responsible for establishing a lawful basis for the personal data you place into the Service, for issuing all required notices to data subjects, and for responding to data subject requests concerning Customer Content. If you require a written data processing agreement to meet an obligation under applicable data protection law, contact us at info@deeprevise.com. 15. Availability, support and modifications 15.1 No service level commitment We aim to keep the Service available and performing well, but the Service is provided without any uptime, availability, response time, processing time or performance guarantee unless a separate written service level agreement has been executed between the parties. Availability or performance targets published on our website or in marketing material are objectives, not contractual commitments, and do not form part of these Terms. 15.2 Maintenance and interruption We may suspend access for scheduled or emergency maintenance, upgrades, or repairs. We will use reasonable efforts to give advance notice of planned maintenance and to schedule it to minimise disruption. 15.3 Support Support is provided by email at info@deeprevise.com, during our normal business hours, and in the English language. 15.4 Changes to the Service We may modify, add to, or discontinue any feature or functionality of the Service at any time. We will use reasonable efforts to give at least thirty (30) days' notice before discontinuing a material feature you actively use, except where the change is required for security, legal or third-party-supplier reasons. 16. Disclaimer of warranties TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, ALL OUTPUT AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. HUDRAQ EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, HUDRAQ DOES NOT WARRANT THAT: THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; DEFECTS WILL BE CORRECTED; THE SERVICE OR ITS INFRASTRUCTURE IS FREE OF HARMFUL COMPONENTS; ANY OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, COMPLIANT WITH ANY SPECIFICATION, STANDARD, CODE OR CONTRACT, OR FIT FOR ANY PURPOSE; ANY INDEX, ORDERING, PAGINATION OR PAGE REFERENCE WILL BE CORRECT; THAT ANY DOCUMENT IN YOUR LIBRARY IS THE CURRENT REVISION; OR THAT ANY SUBMITTAL PACKAGE WILL BE ACCEPTED, APPROVED OR NOT RETURNED BY ANY CONSULTANT, ENGINEER, AUTHORITY OR OTHER REVIEWING PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HUDRAQ OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Some jurisdictions do not allow the exclusion of certain warranties. To the extent an exclusion is prohibited, it does not apply to you and the remaining exclusions continue in full force. 17. Limitation of liability 17.1 Exclusion of indirect and specified losses. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUDRAQ AND ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY OF THE FOLLOWING HEADS OF LOSS, WHETHER DIRECT OR INDIRECT: loss of profit, revenue, anticipated savings, business, goodwill, opportunity or reputation; project delay, extension of time, disruption, acceleration, standstill or prolongation costs; rejection, return, resubmission, rework, remediation, replacement, removal or reinstatement costs of any submittal, document, material, equipment or installation; liquidated damages, delay damages, penalties, retention, back-charges, set-off, deduction or claims levied against you under any construction, supply, subcontract, consultancy or project agreement; loss of, or inability to enter into, any contract, tender, bid, framework, prequalification or approval; cost of procuring substitute goods, services or software; wasted management, staff or professional time; any claim brought against you by any consultant, employer, main contractor, subcontractor, manufacturer, authority, insurer or other third party; or loss, corruption, unavailability or unauthorised disclosure of data or content; WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, STRICT LIABILITY, INDEMNITY OR OTHERWISE, AND EVEN IF HUDRAQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 17.2 Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUDRAQ'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY RECEIVED BY HUDRAQ IN RESPECT OF YOUR SUBSCRIPTION IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM, AND (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100). 17.3 Basis of the bargain. You acknowledge that the fees for the Service reflect this allocation of risk and the limitations in clauses 9, 16 and 17, that these limitations are a fundamental basis of the bargain between the parties, and that Hudraq would not provide the Service on these commercial terms without them. 17.4 Time limit. Any claim arising out of or relating to these Terms or the Service must be brought within twelve (12) months after the cause of action accrues, failing which it is permanently barred, except where a different period is mandated by applicable law. 17.5 Exclusions. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not permit certain limitations; in those jurisdictions liability is limited to the maximum extent permitted by law. 18. Indemnification You will defend, indemnify and hold harmless Hudraq and its officers, members, employees, agents, affiliates, suppliers and licensors from and against any and all third-party claims, demands, suits, actions and proceedings, and all resulting losses, liabilities, damages, judgments, settlements, fines, penalties, costs and expenses (including reasonable legal fees), arising out of or relating to: 1. Customer Content, including any claim that it infringes or misappropriates any intellectual property or other right, or breaches any confidentiality obligation, licence or manufacturer authorisation; 2. your use of the Service or any Output, including any use, issue, submission or distribution of a Submittal Package, and any Share you create; 3. your breach of these Terms, including clauses 8.3, 9 and 10; 4. your violation of any applicable law or the rights of any third party; 5. any third-party claim brought against Hudraq that arises out of a dispute between you and any consultant, employer, contractor, subcontractor, manufacturer, share recipient or other party, including any claim relating to submittal rejection, project delay, defective work or non-compliance; and 6. any personal data you place into the Service, including any claim by a data subject or regulator arising from your acts or omissions as controller. We will notify you of the claim, give you reasonable control of the defence (provided that no settlement imposing any obligation, payment or admission on us may be made without our prior written consent), and provide reasonable cooperation at your expense. We reserve the right to participate in the defence with counsel of our own choosing at our own cost. These indemnity obligations are not subject to the limitations in clause 17. 19. Third-party services The Service depends on, and interoperates with, third-party providers including cloud hosting, database and storage providers, the Payment Provider, email delivery, and error monitoring services. We are not responsible for the acts, omissions, availability, security, pricing or terms of any third-party service, and any interruption, failure, change, price increase or discontinuation by such a provider does not constitute a breach of these Terms by us. Where the Service links to or integrates with a third-party product, your use of that product is governed by that provider's own terms. We may add, substitute or remove any third-party provider at any time; where a provider processes personal data on your behalf, we will give notice in accordance with the Privacy Policy before doing so. 20. General 20.1 Changes to these Terms. We may amend these Terms from time to time. Where a new version requires your acceptance, it is presented to you when you next sign in, and you must accept it to continue using the Service. Other changes take effect on posting. If you do not wish to accept a version that requires acceptance, you may stop using the Service and ask us to cancel your subscription by writing to info@deeprevise.com; we will action the cancellation, and clause 12.5 will then apply to your Account. 20.2 Governing law. These Terms and any dispute arising out of or in connection with them, including non-contractual disputes, are governed by the laws of the State of Wyoming, United States of America, excluding its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing in this clause deprives you of the protection of any mandatory provision of the law of your country of establishment that cannot be derogated from by agreement. 20.3 Dispute resolution and arbitration. The parties will first attempt in good faith to resolve any dispute through negotiation for thirty (30) days after written notice. Any dispute not so resolved will be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (and, where applicable, its International Centre for Dispute Resolution rules), before a single arbitrator, seated in Cheyenne, Wyoming, United States, conducted in the English language. The arbitration may be conducted by videoconference or on documents only where the arbitrator so directs. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information, and either party may bring a claim for unpaid fees in any court of competent jurisdiction. 20.4 Class action waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING. If this clause 20.4 is held unenforceable, the entirety of clause 20.3 is void and disputes will be resolved in the courts identified in clause 20.5. 20.5 Forum. Where a dispute is not subject to arbitration, the parties submit to the exclusive jurisdiction of the state and federal courts located in the State of Wyoming, United States, and waive any objection to venue or forum non conveniens. 20.6 Force majeure. Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disaster, epidemic, war, terrorism, civil unrest, government action, sanctions, embargo, labour dispute, power or telecommunications failure, internet, cloud or hosting provider outage, cyber attack or denial-of-service attack. 20.7 Assignment. You may not assign or transfer these Terms or any right or obligation under them, by operation of law or otherwise, without our prior written consent; any attempt to do so is void. We may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganisation or sale of all or substantially all of our assets. 20.8 Notices. We may give notice by email to the address associated with your account, by posting within the Service, or by posting on our website. It is your responsibility to keep that email address current and monitored. Notices to us must be sent to info@deeprevise.com and, for formal legal notices, in writing to Hudraq Technologies LLC, 5830 E 2nd St, Ste 7000 #37629, Casper, Wyoming 82609, United States. Notices are deemed given on the day of sending by email, or three business days after posting. 20.9 Export control and sanctions. You must comply with all applicable export control, re-export, sanctions and trade laws, and you must not make the Service available to any restricted party or in any embargoed territory. 20.10 U.S. Government end users. The Service is a "commercial product" consisting of "commercial computer software" and "commercial computer software documentation". Any use, duplication or disclosure by the U.S. Government is subject solely to these Terms. 20.11 Severability. If any provision is held invalid, illegal or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed, and the remaining provisions will continue in full force. 20.12 No waiver. No failure or delay in exercising a right constitutes a waiver, and no waiver of any breach constitutes a waiver of any other or subsequent breach. 20.13 No third-party beneficiaries. These Terms do not confer any right or benefit on any person other than the parties, except that clauses 16, 17 and 18 extend to Hudraq's officers, members, employees, agents, affiliates, suppliers and licensors. 20.14 Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary or employment relationship. 20.15 Publicity. We will identify you as a customer, or use your name or logo on our website or in marketing materials, only with your prior written consent. You may withdraw that consent at any time by writing to info@deeprevise.com, and we will cease such use within a reasonable period. 20.16 Language. These Terms are made in the English language. Any translation is provided for convenience only, and the English version prevails in the event of any conflict or inconsistency. 20.17 Electronic contracting. You consent to contract electronically, to receive communications electronically, and agree that your electronic acceptance has the same legal effect as a handwritten signature. We record the version of these Terms you accepted, the date and time of acceptance, and technical details of that acceptance, and we retain that record after your Account is closed or deleted, as described in the Privacy Policy. 20.18 Entire agreement and precedence. These Terms, together with the Privacy Policy, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous proposals, agreements, representations and understandings. Any terms contained in a purchase order, vendor registration form, prequalification form or similar document issued by you do not modify these Terms and are of no effect, notwithstanding our signature, acknowledgement or performance, unless expressly accepted in a written agreement signed by an authorised representative of Hudraq. Where the parties execute such a written agreement, it prevails over these Terms to the extent of any conflict. 21. Contact Hudraq Technologies LLC 5830 E 2nd St, Ste 7000 #37629, Casper, Wyoming 82609, United States All enquiries, including support, legal notices, intellectual property complaints, privacy requests and security reports: info@deeprevise.com